Following the mass of emails and communications received from the UK Investigation Sector generally over the past week, the Governing Council has directed me to respond to the topic as follows.
A number of Issues have arisen in respect of the proposed requirement for Members of another Association to provide a Basic Disclosure Certificate CRB check.
After due consideration as to whether or not WAPI should follow suit and require Applicants & Members to provide a CRB Basic Disclosure Certificate at each renewal, it has been decided that no such requirement is to be stipulated.
All Applicants are required to disclose convictions, and Members who are convicted of criminal offences will have their membership reviewed to determine whether or not they are still suitable to remain as a Member. The offences and circumstances are taken into consideration in this process.
Criminal records cover a wide range of offences, including Road Traffic, not all of which would prevent a PI obtaining a licence.
The position of WAPI being, that whether or not one is CRB clear, it is not a PSIA requirement for licensing as an Investigator or Security Officer. The law and the related criteria specifies in so far as criminal records are concerned “recency and relevance”
Thus, the fact that a Licence Applicant may have a conviction will not necessarily result in him/her being denied a licence.
The SIA are obligated to take into consideration the nature of the offence and its relevance in so far as any potential future risk to the Public, plus how long ago it took place.
It was for these very reasons that when WAPI was created, it was determined that acceptance into membership would depend on an Applicant/Member being and continuing to be SIA licensed (in UK).
Despite delay after delay in regulation, WAPI will continue to take the position that the SIA alone determine both the relevancy and recency aspects of a PI’s convictions (if any) and if they issue a licence to an Individual, that Individual will be accepted by WAPI as a Member.
Pending the commencement of regulation, Applicants will continue to be asked to disclose any previous convictions. The GC will determine whether or not Membership will be granted based upon the type of conviction and how long ago – this is in line with the criteria that will be adopted by the SIA.
WAPI does have in place the structure to decline or curtail Membership in the event that an Applicant or Member has been, or is convicted of a criminal offence, taking into account relevance and recency for that action to be taken. The Association’s Ethical code must be adhered to by all Members, and breaches will be dealt with by the Complaints & Discipline Chair.
WAPI have no intention to place further burdens on, or to discriminate against individual Members, the integrity of our Members is totally accepted until proven to be otherwise.
WAPI has no intention to set itself up as a “vetting” authority in anticipating or deciding who should or should not receive a licence.
The absolute key factor will continue to be that WAPI Members will have to be licensed (when & where applicable).
Ian (D. Withers)